TABLE OF CONTENTS 

INTRODUCTION ................................................................................................... 1 

JURY TRIAL WORKING GROUP............................................................................ 2 

I. PREPARING THE COURTHOUSE FOR RESUMPTION OF JURY TRIALS ............ 3-8 

PRELIMINARY CONSIDERATION ................................................................................... 3 
CARE OF YOUR EMPLOYEES ....................................................................................... 3 
SAFETY PROVISIONS FOR EMPLOYEES ........................................................................... 5 
WHAT TO DO WHEN YOU HAVE A CONFIRMED COVID-19 CASE ................................ 6 
FAMILIES FIRST CORONAVIRUS RESPONSE ACT ............................................................. 6 
PREPARATION OF THE PHYSICAL FACILITIES ................................................................... 6 
PREPARATION FOR PUBLIC ENTRY ................................................................................ 7 
PREPARATION FOR TRIALS ........................................................................................... 8 
IN THE COURTROOM .................................................................................................. 8 
 

II. SUMMONING POTENTIAL JURORS AND NEW SAFETY MEASURES ............ 9-12 

SAMPLE NOTICE TO PROSPECTIVE JURORS ................................................................... 9 
SAMPLE CONFIDENTIAL COVID-19 JUROR QUESTIONNAIRE ....................................... 11 
RESPONSES THAT MAY TRIGGER FOR CAUSE RECUSALS ............................................... 12  
 

III. JURY SELECTION ALTERNATIVES ............................................................. 13-20 

IN-PERSON JURY SELECTION  .................................................................................... 15 
                FACILITY .................................................................................................... 15 
                PRIOR TO IN-PERSON JURY SELECTION .......................................................... 15 
                IN-PERSON JURY SELECTION ........................................................................ 16 
REMOTE JURY SELECTION ......................................................................................... 17 
                ADVANTAGES ............................................................................................ 20 
                DISADVANTAGES ........................................................................................ 20 

IV. CONDUCTING JURY TRIALS DURING THE COVID-19 PANDEMIC ........ 21-24 

SUGGESTED WELLNESS MEASURES PLAN FOR COURTROOM PREPARATION/CLEANING ... 21 
ADMINISTRATION OF JURIES ...................................................................................... 21 
OPENINGS, CLOSINGS, TAKING TESTIMONY, AND INTRODUCTION OF EVIDENCE ............ 22 
MULTI-DEFENDANT CRIMINAL JURY TRIALS: A LOGISTICAL CHALLENGE ......................... 24 
 

APPENDIX: CONSTITUTIONAL PROVISIONS RELEVANT TO JURY TRIALS .... 26-27 

   

 

INTRODUCTION 
 
 
On  March  16,  2020,  the  Supreme  Court  of  Pennsylvania  declared  a  statewide 
judicial emergency because of the public health crisis caused by the COVID-19 
pandemic.  The  Supreme  Court  clarified  and  extended  the  statewide  judicial 
emergency by subsequent Orders dated March 18, March 24, April 1, and April 
28,  2020.  As  part  of  its  directives,  the  Supreme  Court  suspended  jury  trials  in  all 
judicial  districts  through  June  1,  2020.    On  May  27,  2020,  the  Supreme  Court 
directed that the statewide judicial emergency would end on June 1, 2020.  The 
Supreme  Court  authorized  President  Judges  either  to  resume  jury  trials  or  to 
continue  suspending  jury  trials  “until  such  time  that  they  can  be  conducted 
consistent with prevailing health and safety norms.” 

n  May  11,  2020,  the  Administrative  Office  of  Pennsylvania  Courts  (AOPC)  in 
conjunction  with  the  Pennsylvania  Conference  of  State  Trial  Judges,  created  a 
Jury  Trial  Working  Group  to  identify  issues  and  to  provide  best  practice 
recommendations for resuming jury trials while ensuring public health and safety.  
The Working Group focused on the following four areas: (1) preparing courthouses 
for  the  return  of  staff,  jurors,  and  other  members  of  the  public  in  the  wake  of 
COVID-19; (2) summoning prospective jurors, notifying them of new protocols to 
promote  their  safety,  and  obtaining  relevant  COVID-19  information  that  may 
impact  their  ability  to  serve  as  jurors;  (3)  selecting  juries,  both  in-person  and 
virtually 
technology  (ACT);  and  (4) 
conducting  jury  trials.    On  June  25,  2020,  the  Working  Group  issued  these 
recommendations based upon currently-available public health information, with 
the expectation that these recommendations may be revised or supplemented 
as  circumstances  change.    The  Working  Group  gratefully  acknowledges  the 
invaluable  assistance  provided  by  the  National  Center  for  State  Courts, 
particularly its Director of the Center for Jury Studies, Paula Hannaford-Agor; Kevin 
Hoffman, Esquire, of the Pennsylvania Department of Health (DOH); the AOPC’s 
Judicial Education Administrator, Darren M. Breslin, Esquire; and Judicial Services 
Administrator, Nicholene F. DiPasquale. 

through  advanced  communication 

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JURY TRIAL WORKING GROUP  

Hon.  Terrence R. Nealon, Chair 
Lackawanna County Courthouse 
200 North Washington Avenue 
Scranton, PA 18503 
215.963.6889 
 

 
Hon. James J. Ross 
 Beaver County Courthouse 
810 Third Street 
Beaver, PA 15009 
724.770.4686 
 
Hon. Maureen A. Skerda  
Warren County Courthouse 
204 Fourth Avenue 
Warren, PA 16365 
814.728.3530 
  
Hon. Christine A. Ward  
820 City-County Building 
414 Grant Street 
Pittsburgh, PA 15219 
42.350.5793  
 
Hon. Sheila A. Woods-Skipper 
392 City Hall 
Philadelphia, PA 19107 
215.686.7910 
Philadelphia County  
 
Hon. George N. Zanic 
Huntingdon County Courthouse 
223 Penn Street 
Huntingdon, PA 16652 
814.643.5078    

       

 
Hon. Carolyn Tornetta Carluccio 
Montgomery County Courthouse 
PO Box 311 
Norristown, PA 19404 
610.278.3450 
 
Hon. Linda Rovder Fleming  
Cambria County Courthouse 
200 South Center Street 
Ebensburg, PA 15931 
814.472.2173 
 
Hon. Elizabeth K. Kelly 
Erie County Courthouse 
140 West Sixth Street 
Erie, PA 16501 
814.451.6363 
  
Hon. Richard A. Lewis 
Dauphin County Courthouse 
101 Market Street 
Harrisburg, PA 17101 
717-780-6585 
   
Hon. Marc F. Lovecchio  
Lycoming County Courthouse 
48 West Third Street 
Williamsport, PA 17701  
570-327-2336 
 
Hon. Edward D. Reibman 
Lehigh County Courthouse 
455 Hamilton Street 
Allentown, PA 18101 
610.782.3930 

 

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I. PREPARING THE COURTHOUSE FOR THE RESUMPTION OF JURY TRIALS 
  
Before resuming jury trials, each court must ensure that the courthouse and court 
facilities are open and prepared for business in the post-COVID-19 environment. 
Courts must also ensure that court personnel, as well as related offices and staff, 
are  properly  prepared  to  resume  operations.  This  section  addresses  steps  court 
leaders should take to prepare for resuming jury trials. 

mportantly,  in  its  May  27,  2020  Order,  the  Supreme  Court  authorized  president 
judges  in  each  judicial  district  to  declare  judicial  emergencies  and  to  enter 
necessary  orders  pursuant  to  Rule  of  Judicial  Administration  1952  (B)(2).  Order 
available at http://www.pacourts.us/assets/files/page-1305/file-9376.pdf  
 

PRELIMINARY CONSIDERATIONS 

stablish or participate in a working group of stakeholders, including the county 
governing  authority,  health  department,  emergency  management  services, 
District Attorney, Public Defender, local law enforcement, local bar association, 
and other relevant entities or organizations.  

onitor your community’s COVID-19 statistics, including the availability of testing 
and  the  sufficiency  of  resources  for  treatment.  This  information  may  require 
changes regarding when you enter or retreat from phases as established by the 
executive  branch.  Information  can  be  obtained  from  the  DOH  or  local  health 
department. 
 

CARE OF YOUR EMPLOYEES 
 
Identify who can work remotely and who must be at the facility to perform job 
functions.  Under  current  conditions,  anyone  who  can  work  remotely  should 
continue to do so as long as feasible. 

ertain employees may be at increased risk for COVID-19. Per current Centers for 
Disease Control and Prevention (CDC) and DOH guidance, the at-risk category 
includes  persons  over  the  age  of  65  and  those  who  have  any  of  the  following 
medical conditions: 
  
  chronic lung diseases or moderate to severe asthma; 

serious heart conditions; 

immune systems that are compromised from diseases such as cancer or AIDS, 
and from medications that compromise immunity; 

 

severe obesity (BMI of 40 or higher); 

  chronic kidney disease, liver disease, and diabetes. 

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Courts cannot, ask employees to identify what medical condition they have that 
makes 
them  particularly  vulnerable.  Courts  can,  however,  provide  an 
explanation  of  who  is  at  risk  and  advise  all  employees  the  court  will  consider 
requests for flexibility or reasonable accommodations on an individualized basis. 

ourts  may  permit  employees  who  are  at  increased  risk  to  work  remotely,  if 
possible. When working remotely is not possible  because of job duties, consider 
other reasonable accommodations including locating the worker away from the 
public, providing medical grade PPE, and increasing social distancing. If you have 
concerns  about  what  you  may  require  of  higher-risk  employees,  consult  your 
human resources (HR) department and/or the AOPC. 

etermine if any employee has  tested positive for or  had recent close contact 
with someone who has COVID-19. The CDC defines close contact as being within 
six feet of the infected person for fifteen minutes or more.   
Available at https://www.cdc.gov/coronavirus/2019-ncov/php/public-health-
recommendations.html.  

f  so,  an  employee  who  tested  positive  should  not  be  permitted  to  return  to  a 
shared workspace until the employee has been self-quarantined for at least ten 
days and fever free for seventy-two hours. An employee who had recent close 
contact with someone who has COVID-19 should not be permitted to return to a 
shared  workspace  until  the  employee  has  been  self-quarantined  for  four-teen 
days or as CDC policy dictates at the time.  

iminish risk to your employees by minimizing their interaction with each other. This 
report addresses court facilities below, but you can also use creative steps such 
as rotating employees in and out of  the workspace or using shifts so all are not 
present at the same time. 

raft  and  publish  policies  to  address  the  safety  of  your  employees.  Require 
employees  to  report  if  they  have  experienced  symptoms  of  COVID-19  in  the 
preceding three days, including, but not limited to: 

fever of 100.4 or higher that day or in the preceding 3 days; 

  chills, fatigue, vomiting, diarrhea and nausea; 

  muscle and body aches; 

  headache; 

 

sore throat; 

  cough, chest tightness, or shortness of breath; 

  new loss of taste or smell; 

  any updated symptoms outlined on the Pennsylvania DOH website as 

information develops on COVID-19. 

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Courts  may  consider  the  need  for  a  disciplinary  consequence  if  an  employee 
disregards the policy and comes to the workplace while ill. The policy also should 
provide that, if an employee has reason to believe they are experiencing COVID-
19 symptoms while in the workplace, the employee should report  this per court 
procedure,  be  permitted  to  return  home,  and  advised  to  seek  immediate 
medical attention. 

he court should establish a written policy that employees must report if someone 
they live with or have been in close contact with in  the last fourteen days  tests 
positive for COVID-19. Courts should send the employee home, either on leave or 
to work remotely for as long as medically indicated. 

ll employees should consider the wisdom and risk of travel, both for business and 
pleasure.  If employees travel out of the country, either for business or pleasure, 
they  should  not  return  to  work without  self-quarantining  for  a  period  guided  by 
the state or local department of health.  
 

SAFETY PROVISIONS FOR EMPLOYEES 

ourts should consider the following measures to ensure safety for employees: 

  maintain six feet of distance between workstations; 

  mark one-way hallway and stairway patterns; 

  establish elevator limits; 

 

install Plexiglas; 

  prop open doors, where security is not a concern, to minimize touch points; 

rotate staff so people in adjacent areas are not working on the same day or   
at the same time. 
 

Courts should establish and post written policies directing employees to use good 
hygiene in the workplace, including: 

  wash hands with soap and water or with alcohol-based sanitizer; 

  wear face shields, mask or cloth face coverings that cover the nose and    
  mouth      

  avoid touching the face; 

sneeze or cough into a tissue or the arm; 

frequently disinfect used items and surfaces; 

  maintain six feet of social distance. 
 

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The Pennsylvania Department of Health and Department of General Services 
have developed signs for your use.   
Available at https://www.dgs.pa.gov/about/pages/covid-19.aspx.  

he court should consider moving from desktop computers to laptops to facilitate 
employees working from home when necessary. Courts should direct employees 
not  to  share  computers  or  other  office  equipment  whenever  possible.  For 
equipment  that must be shared, such as copiers,  the court should either assign 
the  equipment  to  one  person  or  require  sanitization  with  each  use.  The  court 
should close shared breakrooms and evaluate common snack areas for changes 
to minimize contact between users. 
 

WHAT TO DO WHEN YOU HAVE A CONFIRMED COVID-19 CASE 

f  the  court  learns  an  employee  has  been diagnosed with  COVID-19,  the  court 
has  a  responsibility  to  inform  other  employees  who  had  close  contact  with  the 
infected employee. However, the employee’s name may not be revealed. If the 
notification necessarily causes other persons to  identify the infected employee, 
this is not a violation of the Americans with Disabilities Act (ADA). The public health 
emergency  requires  that  persons  be  warned  who  have  been  in  close  contact 
with  anyone  with  COVID-19.  Equal  Employment  Opportunity  Commission  and 
Department of Labor guidance states that, because of the pandemic, employers 
should  inform  all  those  who  have  had  close  contact  even  though  the  caution 
may allow others to discern who has the illness. The only restriction is not to state 
or confirm the name of the employee without the employee’s specific permission. 
This notification will permit the health department to conduct “contact tracing," 
which is an important tool in fighting the COVID-19 virus and stopping its spread. 
 

FAMILIES FIRST CORONAVIRUS RESPONSE ACT 

he Families First Coronavirus Response Act (FFCRA) applies to the court and its 
employees. It provides for leave, in varying amounts, depending on how COVID-
19 is affecting the employee. If you have a question about the applicability of this 
law, contact your HR Department  and/or  the AOPC's HR or Legal Department.  
AOPC/Legal provided specific guidance on the FFCRA to president judges and 
district court administrators in April. 
 

PREPARATION OF THE PHYSICAL FACILITIES 

ourts  should  intensify  cleaning  protocols  for  courtrooms  and  court  offices 
consistent  with  DOH  /  CDC  guidelines  before  resuming  non-emergency 
operations.  Consult  with  county  emergency  management  and  health 
department  on  changes  that  can  be  made  to  the  building  to  minimize 
transmission  of  disease  (one-way  traffic,  new  non-touch  door  handles,  etc.) 

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Ensure that  the county's cleaning policy will be adequate when the courtroom 
and offices are reopened. 

etermine the safe handling of all mail, especially mail from prisons. It is suggested 
that the person or persons in each office handling the mail be provided gloves 
and be required to wear a face covering during the task. 
Measure the courtroom to determine how many people may safely be in each 
area. Determine if additional safety measures, such as a Plexiglas barrier around 
the court reporter, witness box, or jury box, should be installed. Consider taping or 
if  people  will  be 
painting  areas  to  mark  six-foot  distances,  particularly 
congregating  or  waiting  in  line.  Consider  if  furniture  should  be  removed,  or 
benches replaced with seats to accommodate social distancing, particularly in 
the juror area. 

nlist  the  key  personnel  who  will  be  in  the  courtroom,  such  as  the  prosecuting 
attorney, defense counsel, and child services, to determine what changes need 
to be made to ensure social distancing. 
 

PREPARATION FOR PUBLIC ENTRY 

eet  with  the  Sheriff  to  make  a  plan  for  screening  the  public  when  the  court 

facilities reopen while protecting the security personnel.  

rrange for either security personnel or staff at building entrances to: 

  have a checklist to ask visitors if they have had specific symptoms of COVID-

19 or recent close contact with infected persons; 

  have masks available if a person appears without a mask; 

 

take temperatures; 

  consider  using  a  sign-in  sheet  at  courthouse  security  check points,  including 
the  name  and  office  visited,  which  may  be  useful  if  health  officials  need  to 
perform contact tracing; 

  consider  ADA  accommodations  for  court  users  who  cannot  wear  masks 
because of a medical condition and how security will handle the situation. 

Create a protocol to follow if someone has a disqualifying temperature or any of 
the other disqualifying factors, i.e., notify the appropriate courtroom personnel.  
  

 

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PREPARATION FOR TRIALS 

ach court should determine the priority of in-person jury trials, giving high priority 

to trials that cannot be held remotely. 

or high-volume courts, stagger the docket to minimize contact and provide for 
social distancing. Consider recommending mediation, arbitration, or settlement 
negotiations  prior  to  setting  any  trial  to  reduce  the  number of  proceedings  the 
court must conduct. 

nsure the continued and regular sanitizing of all doors, handles, restrooms and 

other parts of the facility at least twice per day. 

 
IN THE COURTROOM 

ace coverings or masks that cover the nose and mouth should be required for 
all the personnel and the public. The court should consult with counsel for parties 
about how to handle the wearing of masks by witnesses while testifying and the 
jurors during voir dire. The court may want to consider the use of clear protective 
masks, so facial expressions and demeanor may be evaluated.  

Hand  sanitizer  should  be  present  upon  entrance  to  courtroom  and  on  each 
counsel desk. Extra bottles of sanitizer, masks, and gloves should be available for 
anyone in the courtroom or court offices. Tissues and trashcans should be at each 
counsel table and be available for jurors. 

Arrange with the Department of Corrections and the Sheriff for offenders and jail 
inmates to appear remotely through ACT if appropriate.  

 

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II. SUMMONING POTENTIAL JURORS AND NEW SAFETY MEASURES 

he information in this section may be useful for summoning jurors, informing them 
of  courthouse  safety  protocols,  and  determining  whether  individuals  may  be 
excused for cause before bringing them to the court facility. 
 

SAMPLE NOTICE TO PROSPECTIVE JURORS 

ou have been summoned for jury service during a most extraordinary time. Jury 
duty  is  important  because  it  safeguards  one  of  the  most  crucial  rights  of  the 
American legal system. As trials continue to take place, the court must continue 
to rely on civic-minded jurors like you for help in ensuring fairness and providing 
impartial viewpoints in cases.    

perating  a  judicial  system  during  a  worldwide  pandemic  requires  sacrifice, 
collaboration, and creativity. The constitutional right to a jury trial doesn’t end with 
a pandemic, and trials cannot happen without jurors. Your potential role as a juror 
could not be more critical.  

he  court  recognizes  that  your  ability  to  serve  may  be  impacted  by  the 
pandemic. Please appear as directed in your summons unless you have already 
been deferred or excused, you are ill, or you have a high-risk condition.  

lease  know  that,  in  conjunction  with  state  and  local  medical  experts  and  the 
Pennsylvania Department of Health, the court implemented many precautions to 
ensure your safety and security while you serve, including the following:  
[Insert all of the following safety protocols that apply to your jurisdiction, and other 
measures your court has taken, for example]: 

 pre-screen jurors remotely; 

 pre-screen jurors through questionnaires; 

 screen jurors upon entry through questioning and temperature checks 
 (100.4    F. or higher); 

  stagger jury reporting and break times;  

require jurors to report directly to courtrooms or larger jury pool rooms;  

limit  the  number  of  jurors  and  other  persons  in  courtrooms  and  during  jury 
selection; 

  conduct individual voir dire, if necessary; 

  expedite check-ins; 

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  provide separate entry and sole access to certain hallways, elevators, steps, 

restrooms, and rooms; 

  provide additional staff to assist with concerns and directives; 

  disinfect all areas where the jury will have access; jurors will not be asked to 
touch any surfaces, documents, or objects that have been previously touched 
by another person without being sanitized; 

  provide face masks and gloves if requested/needed;  

require  appropriate  physical  distancing;  provide  widely-available  hand 
sanitizer; 

facilitate  frequent  use  of  the  restrooms  for  hand  washing  if  requested;  jurors 
should be able to sanitize or wash their hands as often as they feel necessary; 

  provide sanitizing stations; 

  disinfect and wipe down high-touch areas; 

  establish courtroom rules for counsel and staff such as separate exhibit copies 

for jurors; 

  provide courtroom distancing/protective measures such as Plexiglas shielding, 

fans, open windows for fresh air, etc; 

  separate water, snacks, coffee for jurors;  

  encourage jurors to share any concerns with the Court Administrator, judge, 

and/or tipstaff. 
 

Also, please know that during your service, the court will be making every effort 
to  comply  with  CDC  guidelines  and  recommendations.  The  overall  number  of 
people inside the courthouse and courtroom will be restricted. Nobody who has 
tested positive for coronavirus or exhibits any symptoms will be permitted in the 
courthouse or onto the jury.  Please review the court website and if you have any 
questions, please call the court administrator’s office.  

Remember that we take the health and safety of our jurors very seriously. If you 
are ill or experiencing symptoms such as a fever, cough or shortness of breath or 
other  symptoms  of  COVID-19  infection,  please  do  not  report  for  service.  If  you 
have been exposed to someone who is ill or have been exposed to anyone who 
is experiencing similar symptoms, please do not report for service.  

 

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SAMPLE CONFIDENTIAL COVID-19 JUROR QUESTIONNAIRE 

.  Are you an essential healthcare worker? If yes, where are you employed and 

in what capacity? 

your exposure? 

date of the test. 

2.  Have you been exposed to COVID-19? If so, what is the approximate date of 

3.  Have  you  tested  positive  for  COVID-19?  If  yes,  please  give  the  approximate 

4.  Are  you  currently  experiencing  any  symptoms  of  COVID-19  and  have  been 
directed to quarantine? If yes, on what date were you told to quarantine? 

5.  Are you experiencing any symptoms of  COVID-19? If so, what symptoms do 
you have and for how long have you been experiencing these symptoms? 

6.  Are you considered to be an individual in a vulnerable COVID-19 population 
due to age or health condition? If so, and if you are willing, please describe. 

7.  Do you have any other concerns related to COVID-19 that might impact your 

ability to serve on the jury? If so, and if you are willing, please explain. 

8.  Are  you  an  individual who  has  been  financially  impacted  by  the  pandemic 
such that jury service would impose a substantial financial burden on you or 
your family? If so, please explain. 

9.  Are you responsible for caretaking of children or others such as an ill relative, 
such that jury service would impose a substantial burden on you, your children, 
or another? If so, please explain. 

10. Do  you  have  a  working  computer  (i.e.,  desktop,  laptop,  tablet,  or  smart 
phone) with internet access, and working audio and video functionality? 

11. Do  you  have  a  cell  phone?  Please  provide  your  cell  phone  number  so  the 

court can contact you with information and updates.   

12. If you have a cell phone, can you receive text messages on it?  

 

I hereby certify that the answers on this form are true and correct.  I understand 
that  false  answers  provided  herein  subject  me  to  penalties  under  18  Pa.C.S.A. 
Section 4904 relating to Unsworn Falsification to Authorities.   
                                                                      

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RESPONSES THAT MAY TRIGGER FOR CAUSE RECUSALS 

  
Written responses received from the voir dire to the Sample Confidential COVID-
19 juror questionnaire may establish a basis for “For Cause” recusals, such as: 

  An  affirmative  response  to  any  of  questions  1  through  9  on  the  sample 

confidential COVID-19 juror questionnaire. 
 

  Travel outside of the country within the last 30 days. 

 
Inability  to  serve  the  required  number  of  days  for  the  trial  because  of  a 
hardship. 
 

  Fever,  cough,  shortness  of  breath,  or  other  symptoms  of  COVID-19  infection 

over the last few days. 
 

  Positive COVID-19 antibody test. 

 
Inability to wear a mask or engage in social distancing. 
 
Inability to sit for at least 90 minutes at a time, especially if enclosed in Plexiglas 
juror booth. 
 

  Persons over 65. 

  Persons with preexisting medical conditions. 

  Health care professionals. 

  Persons caring for another ill individual. 

  Single parents caring for children. 

  Transportation difficulties requiring public transport. 

  Person(s) who recently returned to work after furlough or layoff. 

 

Courts should determine whether specific medical documentation is required as 
proof of vulnerability, inability to serve, or inability to wear a mask or other personal 
protective equipment. 

 

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III. JURY SELECTION ALTERNATIVES 
 
This section will address alternatives for jury selection. Whether selection occurs in-
person or remotely, some items are worth highlighting at the outset. 

  Courts  should  remain  mindful  that  any  jury  called  must  be  “from  a 
representative  cross  section  of  the  eligible  population  of  the  county.”  42 
Pa.C.S. §4501. See Duren v. Missouri, 439 U.S. 357 (1979) and Commonwealth 
v. Martin, 5 A.3d 177 (Pa. 2010). 

  42  Pa.C.S.  §4503(a)(3) 

(Exemptions 

jury  duty)  states:  “Persons 
demonstrating to the court undue hardship or extreme inconvenience may be 
excused permanently or for such period as the court determines is necessary, 
and if excused for a limited period shall, at the end of the period, be assigned 
to the next jury array.”  

from 

o  This section appears to give courts the ability to excuse jurors under the 
present circumstances if they show hardships such as ill health, just back 
to  work,  etc.  This  could  be  gleaned  from  answers  to  a  special 
questionnaire that would permit jurors to be excused and not called in, 
thereby eliminating many of these questions from voir dire and limiting 
the number of people to be questioned to those not experiencing such 
hardships.    

In both civil and criminal cases, background information, such as the first eight 
questions set forth in Pa.R.C.P. NO. 220.3(b) and the information called for in 
jury 
Pa.R.Crim.P.  632,  can  be  obtained  by  counsel’s 
questionnaires.  

review  of  the 

o  Use of the information from a COVID-19 juror questionnaire noted above 
may  enable  challenges  for  cause  and/or  agreements  to  strike  jurors 
between  counsel  and  the  court  even  before  the  selection  process 
begins pursuant to 42 Pa. C.S. §4503(a)(3) (as discussed above). This would 
allow counsel and the court, in the remote questioning, to focus upon 
the voir dire questions in civil cases set forth in Pa.R.C.P. 220.3(9)-(17) and 
in the voir dire process provided for in Pa.R.C.P. 631(D) in criminal cases, 
along with any special voir dire questions permitted by the court in either 
type of case. 

 

  The  requirements  for  and  numbers  of  peremptory  challenges  would  still  be 
governed  by  Pa.R.C.P.  221  and  Pa.R.Crim.P.  634.  Increased  “for  cause” 
dismissals of summoned jurors for COVID-19-related reasons likely will result in 
fewer prospective jurors reporting for jury selection.  For that reason, the Jury 
Trial  Working  Group  recommends,  on  a  temporary  basis,  a  reduction  in  the 
number of peremptory challenges in criminal and civil cases. 

 

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  Article I, Section 6 of the Pennsylvania Constitution entitles a party to a twelve-
person jury if the party demands a jury of twelve persons.  Blum v. Merrell Dow 
Pharmaceuticals, Inc., 626 A.2d 537, 548-549 (Pa. 1993).   

o  A civil litigant may waive the right to a jury of 12 and proceed forward 
with fewer than 12 jurors.  Gianni v. William G. Phillips, Inc., 933 A.2d 114, 
116-117  (Pa.  Super.  2007), app.  denied,  597  Pa.  732,  952  A.2d  677 
(2008); Ottavio  v.  Fibreboard  Corp.,  617  A.2d  1296,  1299  (Pa.  Super. 
1992) (en banc).  

o 

In criminal cases, a defendant may agree to proceed with fewer than 
12 jurors only "after a jury of 12 is initially sworn and before verdict," i.e., 
one of the original 12 is no longer able to serve.  See Pa. R.Crim.P. 641.   

  

 

judicial  emergency  has  significantly 

  The  deferral  of  jury  trials  during  the  COVID-19  health  crisis  and  resulting 
increased  the  pending 
statewide 
inventory of cases awaiting trial.  As a consequence, courts anticipate that a 
higher number of cases will require jury selection from a finite pool of available 
jurors.  For this reason, courts may consider giving priority consideration to civil 
litigants who stipulate to proceed with juries of six or eight jurors. 

  During  in-person  jury  selection,  courts  should  not  only  limit  the  number  of 
people  reporting  at  a  given  time,  but  also  limit  the  amount  of  time  that 
individuals are present as a group for questioning.   

o  Pa. R.C.P. No. 220.3(c) authorizes "the use of a written questionnaire" in 
connection with voir dire, provided there is also "the opportunity for oral 
examination by the court or counsel."  If the court issues summonses for 
a specific case, the judge should consider sending the venire a case-
specific  questionnaire 
jury 
selection.   Counsel  for  the  parties  should  submit  proposed  voir  dire 
questions for the judge’s approval.  Obtaining relevant information from 
prospective jurors prior to jury selection will reduce the time needed for 
oral examination during jury selection. 
 

to  complete  and 

return  before 

IN-PERSON JURY SELECTION - FACILITY 

he  court  should  consider  handling  all or  part  of  jury  selection  using  Advanced 
Communication Technology (ACT).  

f  courts  conduct  the  entire  jury  reporting  and  selection  process  in-person, 
courthouse  space 
in 
gathering large numbers of potential jurors while adhering to the CDC and DOH 
social distancing recommendations.  In that event, judges should consider using 
non-courthouse facilities such as hotel ballrooms, school gymnasiums, convention 

insurmountable  challenges 

limitations  may  present 

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centers, banquet halls, empty retail buildings, and comparable sites to gather the 
venire  and  conduct  jury  selection  while  observing  social  distancing.   Only 
empaneled jurors must  thereafter report  to  the courthouse for  their jury service, 
thereby reducing  the number of jurors entering  the courthouse and enhancing 
the control of contagion transmission. 

or in-person jury selection, the court should consider the following protocols: 

PRIOR TO IN-PERSON JURY SELECTION 

eep the public informed that the courts take public health and safety seriously 
and  that  they  have  implemented  policies  to  prevent  the  risk  of  infection  from 
COVID-19.  This information should be widely communicated to prospective jurors, 
court staff, and the public through one or more of the following outlets: 
 

  public Service Announcements (PSAs), media advisories, and press releases; 

  court websites and social medial platforms; 

 

juror robo-calls or call-in messages; 

  courthouse signage; 

  other technologies, including text messaging and email. 

 

Publicly  acknowledge  that  jurors  are  critically  important  participants  in  the 
administration of justice. 

Send  prospective  jurors  safety  information  with  their  juror  summonses.    This  may 
include a brochure, a link to a PSA video, or a YouTube or Facebook video that 
addresses the following: 

  parking information; 

Courthouse; 

  bussing  and  transportation  protocols  from  the  parking  facility  to  the 

  walk-through of jury selection process from front door to jury room 

  health  precautions  taken  in  compliance  with  local,  state,  and  national 
guidelines  (cleaning  and  disinfecting  courtrooms  and  jury  selection  areas, 
social  distancing  measures,  availability  of  hand  sanitizer,  use  of  Plexiglas 
partitions (when applicable), etc.); 

 

requirement to wear masks; 

  available amenities (for example, water, vending machines, cafeteria food) 

and what the jurors should bring with them to be prepared. 
 

Consider  remote  options  for  prescreening  jurors  for  hardship  and  for  cause 
conflicts. 

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Consider  mailing  more  jury  summonses  than  usual  because  of  anticipated 
changes in juror response rates resulting from COVID-19. 

tagger reporting times for prospective jurors to minimize the number of people 
present  at  one  time.  Courts  should  comply  with  local  and  state  occupancy 
limitations. 

rain court staff on the proper use of personal protective equipment (PPE), such 
as gloves and face masks, to avoid cross-contamination. 
 

IN-PERSON JURY SELECTION 

ourts should consider implementing the following safety measures for in-person 

jury selection: 

  Screen all persons entering the courthouse for COVID-19. 

  Require  all  persons  entering  the  courthouse  to  wear  face  coverings  at  all 
 

times, except as noted below. 

  Avoid  the  direct  exchange  of  documents  with  jurors,  including  during  the 
  check-in  process.    If  direct  exchange  is  unavoidable,  court  staff  and  jurors 
 

should wear gloves. 

  Restrict  access  to  common  areas,  where  social  distancing  may  not  be 
 

feasible. 

 
 

Instruct jurors to report directly to a designated courtroom instead of a  single 
jury assembly room. 

  Consider paging and texting technology to communicate with  jurors 
 
  
 

regarding the time and designated location where they should report.  
(This would be similar to the technology used by restaurants to notify patrons 
that their table is ready.) 

  Assemble smaller jury panels to report to the courtrooms for voir dire. 

  Maintain social distancing for jurors at all times.  This includes seating jurors in a 
  cordoned-off section of the courtroom gallery instead of the jury box. 

  Consult  with  counsel  and/or  self-represented  parties  to  determine  whether 

prospective jurors should wear masks during voir dire. 

  Establish  where  sidebar  discussions  will  occur  to  allow  for  both  privacy  and 
 

social distancing. 

  Set times for bench decisions to reduce waiting times for jurors. 

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  Determine safe methods to handle food and beverages for jurors. 

  Frequently clean and disinfect jury assembly areas (whether traditional 
  assembly rooms, courtrooms, or other spaces).  This  includes wiping down 
  essential workspaces (desks, counters, tables,  armchairs, doorknobs, etc.) 
 

frequently during the day and at night. 

  Remove courtesy amenities from jury areas that could contribute to  the 
 
 
 

spread of the virus.  These items include coffee and beverages,  microwaves,       
refrigerators, puzzles, games, books, magazines, etc. 

REMOTE JURY SELECTION 

his section addresses remote jury selection using ACT, either as the sole means of 
jury  selection,  or  in  combination  with  in-person  methods.  Part  I  addresses  jury 
selection, and Part II sets forth potential advantages and disadvantages of a shift 
to remote jury selection. 

The use of remote technology for the jury selection process, even if the trial itself 
remains live, can be a positive step toward the reopening of jury trials throughout 
the Commonwealth.   

Include a supplement with the juror questionnaire mailed to prospective jurors.  
See Sample Confidential COVID-19 Juror Questionnaire. 

  Use a modified individual voir dire instead of a general mass call of prospective 

jurors. Summon jurors in smaller groups, and schedule them to appear in blocks.    

  Provide the prospective jurors appearing by remote access an outline of the 
process, then randomly move them into a breakout room one at a time with 
the judge and the attorneys for questioning.   

o  This  could  be done  via  a  prerecorded  video,  to  be  viewed  by  the 
prospective  jurors  while  they  are  waiting  to  be  brought  in  to  the 
remote meeting.  For efficiency, the group of jurors could be called 
ten minutes early, while the voir dire of the prior group is still occurring, 
to  view  the  video  and  receive  any  other  orientation  materials 
needed.  
 

o  Depending on the remote technology used, court assistants may be 

able to use a breakout room, or just have the juror unmuted.  

  After  the  court  and  counsel  question  each  block  of  prospective  jurors,  the 
attorneys  would  make  challenges  for  cause  and  exercise  their  peremptory 
challenges.  

  Selected  jurors  would  remain  in  the  remote  meeting,  and  eliminated  ones 

would be dismissed.   

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The selected jurors would be given an outline of the next steps by the judge (i.e., 
when  the  trial  will  occur,  when  to  report,  what  to  expect,  etc.)  and  then  be 
dismissed as well.  If the first block has not produced a full jury, selection would 
move on to the next block, and so on, until a full panel has been selected.   

 

For prospective jurors who do not have the ability to access remote technology, 
the  court  could  establish  locations  in  the  courthouse  from  which  they  could 
appear, and their participation in jury selection would otherwise be the same as 
for those appearing remotely.   

imilarly, community partners such as schools, libraries, community centers, etc., 
could be encouraged or engaged to assist prospective jurors in accessing remote 
technology from their locations. 
 

ADVANTAGES AND DISADVANTAGES TO REMOTE JURY SELECTION: 

ADVANTAGES 

Reduces the risk of jurors, attorneys, and court staff contracting or spreading 
COVID-19 by personal contact and interaction with others. 

Reduces or eliminates the need for access to extra space in courthouses that 
would  be  necessary  for  proper  social  distancing  and  general  infection 
control under current guidelines if conducting juror selection in person. 

Eliminates  the  need  for  extra  staff  necessary  to  conduct  jury  selection  in 
person under current social distancing and infection control guidelines.   

Eliminates extensive cleaning and sanitizing necessary to allow prospective 
jurors access to the courthouse under current social distancing and infection 
control guidelines. 

Preserves the ability of the court and counsel to observe a prospective juror’s 
demeanor in response to questions on video. 

Permits/preserves ability of the court and counsel to speak outside 
presence of prospective jurors in making rulings. 

DISADVANTAGES 

ACT has proven to be susceptible to hackers, who may be able to hack into 
the process and interrupt it and/or steal personal and identity information if 
the proceedings are not conducted properly and on a secure site. 

 

Not all individuals have the necessary electronic means to engage in ACT. 

 

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The court will need to provide a remote and secure means for those without 
electronic devices to participate in the process or to have them come to the 
courthouse in person, which reintroduces a risk factor to the process. 

Video  may  not  provide  the  best  means  to  observe  the  prospective  juror’s 
demeanor in response to questions. There are limitations on the court’s ability 
to control jurors’ conduct, such as their ability to step away from the screen, 
have “connection issues,” etc.  Security for prospective jurors could also be 
an issue (possible jury tampering/juror intimidation, because of the lack of a 
physical security presence, if someone obtains a juror’s home address). 

There are also limitations on the court’s ability to control jurors’ access to and 
possible  reliance  upon  outside  sources,  which  may  not  be  observed  on 
screen, in answering questions.   

There is an increased need for court staff time and technology resources to 
operate remotely, which may increase court costs.  
 

 

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IV. CONDUCTING JURY TRIALS DURING THE COVID-19 PANDEMIC  
 

SUGGESTED WELLNESS MEASURES PLAN FOR COURTROOM 
PREPORATION AND CLEANING 

  Develop written guidelines regarding steps court staff should take to properly 

sanitize. 

sanitization. 

  Establish clear directives regarding who bears responsibility for cleaning and 

  Clean and sanitize each courtroom daily in accordance with CDC guidelines 

  Ensure that multiple cleanings occur throughout each day in accordance with 

CDC guidelines. 

  Sanitize each seat occupied by any individual after single use. 

  Sanitize  clipboards  or  other  non-disposable  equipment  after  each  individual 

use. 

  Use  disposable  stickers  for  juror  identification  badges  or  sanitize  reusable 

badges after each use. 

  Pay particular sanitization attention to “high-touch” areas. 

  Clean and sanitize all public restroom areas frequently, with emphasis on high-

contact surfaces. 

  Consider the frequency of air filter replacements and HVAC systems cleaning 

to facilitate maximum fresh air exchange where possible. 

ADMINISTRATION OF JURIES 

  Courts should provide jurors selected for trial face masks and daily disposable 

jury badges. 

  Trial jurors should maintain social distancing in the courtroom. 

  Courts should determine the maximum number of jurors that can be assigned 
seats in the jury box using CDC Social Distancing Guidelines.  The remainder of 
the jurors should be assigned seats in the gallery of the courtroom where they 
are  at  least  six  feet  apart  from  other  jurors,  lawyers,  and  litigants  in  the 
courtroom. 

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In  addition  to  the  Pennsylvania  suggested  jury  instructions,  preliminary 
instructions to the jurors should begin with: 
 

o  a  description  of  the  efforts  the  Court  has  made  to  sanitize  the   
courtroom and ongoing efforts to sanitize the courtroom as the trial 
proceeds; 
 

o  an instruction for the jurors to wear their masks at all times during the 

trial for the duration of the CDC guidelines requiring masks; 
 

o  a direction to strictly maintain six-feet of social distancing from fellow 
jurors,  court  personnel,  lawyers,  and  others  in  and  around  the 
courtroom; 
 

o  a reminder of the maximum occupancy of the restrooms. 

  Bottled water should be provided to the jury during the trial. 

  The  court  should  devise  a  plan  for  lunch  during  the  trial  and  during 

deliberations.  

  The jury should deliberate in the courtroom from their assigned seats or another 
location in the courthouse with enough space to allow for social distancing. 

  The  judge  should  determine  if  allowing  jurors  to  retain  their  phones  to  text 
tipstaff with questions/concerns they may have during the trial or deliberations 
would be feasible. 

  Jurors  should  be  given  notebooks  and  pens  if  appropriate  and  directed  to 
leave their notebooks and pens on their assigned seats when not in use. Jurors 
should be directed not to share their notebooks and pens with any other juror. 
 

OPENINGS, CLOSINGS, TAKING TESTIMONY 
INTRODUCTION OF EVIDENCE 
 
  The judge should determine the persons essential to  the conduct of  the  trial 
and  prioritize  the  seating  of  those  persons  in  the  courtroom.  After  essential 
participants are seated, the judge can determine if the courtroom can safely 
accommodate attendance by the families of the defendant(s) and victim(s), 
and  by  spectators.  Only  counsel,  party  representatives,  and  projection 
assistants are permitted in the courtroom for the entire trial. 

  Counsel should wear face masks at all times unless given permission to remove. 

  Openings and closings should be given from counsel table or another location 

which is a minimum of six feet from any jurors. 

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  Witnesses will be automatically sequestered in a remote location and called 

one at a time to the courtroom to testify. 

  Each witness will be excused following testimony to either leave the courtroom 

or go to a remote location, subject to recall. 

  To  the  extent  possible,  all  exhibits  should  be  pre-marked  and  should  be 

presented on a screen. 

If paper is necessary, the judge’s copy should be placed on the bench prior 
to the trial. 

If paper is necessary, each witnesses’ exhibits should be placed on the witness 
stand prior to the witness taking the stand. 

  Approaching the witness should no longer be permitted. 

  Exhibits should not be permitted to be published to the jury. 

  Consideration  should  be  given  to  having  twelve  (12)  or  more  copies  of  the 
exhibits (one for each juror or alternate juror) so they do not have to pass/share 
exhibits  during deliberations.   If  only  one  copy  of  exhibits  is  available  for  the 
jurors during deliberations, the jurors should be provided with gloves. 

  Consideration  should  be given  to  handling  sidebars  virtually.   Counsel  could 
advise the judge and court reporter of the need for a sidebar by oral request, 
via e-mail, or text.  The judge could “hear” the issue and rule via e-mail or text. 
The court reporter would be copied on all communications for the record. If 
virtual sidebars are not possible, then the judge should determine another way 
to hold a socially-distant sidebar outside the hearing of the jury. 

  Courts should explore alternatives to cloth and medical-grade facemasks for 
witnesses during trial.  In addition to maintaining appropriate social distancing, 
courts  should  consider  using  either  Plexiglas  barriers  or  clear  face  masks  to 
prevent  obscuring  a  witness’s  face  and  features.  To  the  extent  these 
alternatives  are  not  feasible,  the  judge  should  have  discretion  to  determine 
whether  a  witness’s  use  of  a  face  mask  is  appropriate.  In  making  this 
determination, presiding judges should be guided by the test set forth by the 
United States Supreme Court in Maryland v. Craig, 497 U.S. 836 (1990). 
 

If the court permits remote testimony, the initial safety considerations include:  

  Verifying the identity of the witness.  

  Assuring that the remote technology will work.  

Identifying evidentiary objections prior to testimony.  

Identifying  any  documents  or  exhibits  to  be  used  with  the  witness  during 
testimony.  
 

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o  To fulfill these requirements, the court may order the witness to report 
to a secure location with an authorized court agent, such as a notary 
public  or  law  enforcement  officer.  This  can  be  accomplished  at  a 
remote facility. The authorized court agent will verify the identity of 
the witness and monitor the witness throughout the testimony. If the 
witness engages in any inappropriate conduct, the authorized court 
agent will report to the court immediately. There is legal authority for 
ordering that the party requesting remote testimony pay for the costs 
associated with it. 
 

  Providing such exhibits to the witness. 

  Ensuring that the witness will be alone and has only the approved exhibits in 

that room during the testimony.  

  Ensuring  that  the  witness  does  not  access  the  internet  or  have  contact  with 

outside parties during the testimony.  

 

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  Until  the  COVID-19  pandemic  ends,  court  reporters  should  be  authorized  to 
swear in witnesses remotely by ACT from a location within the Commonwealth, 
provided they can positively identify the witness. 

ULTI-DEFENDANT CRIMINAL JURY TRIALS: A Logistical Challenge 

The judge should evaluate the size of the courtroom, keeping in mind that: 
 

o  multiple defendants require multiple attorneys, extra layers of 

security (especially if defendants are incarcerated), increased 
leaning/sanitizing needs more space for confidential 
communications between attorneys and clients, and, of course; 
  

o  the now ever-present social distancing norms—all of which require 

more elbow room; 
 

 

o  alternative facilities may be more appropriate for jury selection. 

Regarding criminal trials, consider Pretrial Conference Topics – Pa.R. Crim.P. 570: 

o  emphasize stipulations to shorten length of trial; 

o 

 
resolve evidentiary issues and other pretrial matters; 
 

o  set  “order  of  march”  for  openings,  closings,  cross  examinations, 

defense case(s)-in-chief, etc; 
 

o  consider 

time 

limits  on  openings,  closings, 

lengths  of  cross 

examinations, etc. Best if set prior to trial; 

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o  determine seating of parties and jurors in the courtroom;  

o  establish protocol for sequestration of witnesses; 

o  permit virtual/video testimony of witnesses unable/unwilling to attend 

o  accommodate  attendance  of  families  of  victims  and  defendants, 

trial (Pa.R.Crim.P. 500 and 501); 
 

media, and spectators, if space permits; 
 

o  establish protocol for sidebars.  Limit to recesses, lunch breaks, pre- 

and post- courtroom sessions as much as possible; 
 

o  establish protocol for presentation/handling of exhibits; 

o  establish protocol for masks, gloves, etc; 

o  establish protocol for prisoner transport outside of jury view; 

o  provide hand-held or lavalier microphones for counsel. 

 

 

 

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APPENDIX 

CONSTITUTIONAL PROVISIONS RELEVANT TO JURY TRIALS 
 
United States Constitution 

Sixth Amendment 
  
In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to  a  speedy  and 
public  trial,  by  an  impartial  jury  of  the  state  and  district  wherein  the  crime  shall 
have been committed, which district shall have been previously ascertained by 
law,  and  to  be  informed  of  the  nature  and  cause  of  the  accusation;  to  be 
confronted  with  the  witnesses  against  him;  to  have  compulsory  process  for 
obtaining  witnesses  in  his  favor,  and  to  have  the  assistance  of  counsel  for  his 
defense. 

 
Pennsylvania Constitution 

rticle I, Section 6 - Trial by jury. 

rial  by  jury  shall  be  as  heretofore,  and  the  right  thereof  remain  inviolate.  The 
General Assembly may provide, however, by law, that a verdict may be rendered 
by  not  less  than  five-sixths  of  the  jury  in  any  civil  case.  Furthermore,  in  criminal 
cases the Commonwealth shall have the same right  to  trial by jury as does  the 
accused. 

rticle I, Section 9 – Rights of accused in criminal prosecutions 

n all criminal prosecutions the accused hath a right to be heard by himself and 
his counsel, to demand the nature and cause of the accusation against him, to 
be  confronted  with  the  witnesses  against  him,  to  have  compulsory  process  for 
obtaining witnesses in his favor, and, in prosecutions by indictment or information, 
a speedy public trial by an impartial jury of the vicinage; he cannot be compelled 
to  give  evidence  against  himself,  nor  can  he  be  deprived  of  his  life,  liberty  or 
property, unless by the judgment of his peers or the law of the land. The use of a 
suppressed voluntary admission or voluntary confession to impeach the credibility 
of a person may be permitted and shall not be construed as compelling a person 
to give evidence against himself. 

 

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ntil otherwise provided by law, the parties, by agreement filed, may in any civil 
case dispense with trial by jury, and submit the decision of such case to the court 
having  jurisdiction  thereof,  and  such  court  shall  hear  and  determine  the  same; 
and the judgment thereon shall be subject to writ of error as in other cases.  
  

Suspension  by  Statute.   Section  25  was  superseded  and  suspended  by 
section  26(b)  of  the  act  of  July  9,  1976  (P.L.586,  No.142),  known  as  the 
Judiciary Act of 1976, effective upon the date upon which the provision is 
or was suspended by general rule.  

artial Suspension by Court Rule.  Section 25 was suspended November 5, 
1975, by Pennsylvania Rule of Appellate Procedure No. 5105(g), effective 
July 1, 1976, insofar as inconsistent with the Rules of Appellate Procedure. 
By amendment of December 11, 1978, effective December 30, 1978,  the 
former provisions of Rule No. 5105(g) are now contained in Rule No. 5101(d). 

  P

Article V, Section 25 (Schedule) – Dispensing with trial by jury. 

26 

  U